Effective Death Penalty Appeals Act

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 9868 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 9868 To amend title 28, United States Code, to clarify the availability of Federal habeas corpus relief for a person who is sentenced to death though actually innocent. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES September 27, 2024 Mr. Johnson of Georgia (for himself, Ms. Pingree, and Ms. Norton) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 28, United States Code, to clarify the availability of Federal habeas corpus relief for a person who is sentenced to death though actually innocent. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Effective Death Penalty Appeals Act''. SEC. 2. CLARIFICATION OF THE AVAILABILITY OF FEDERAL HABEAS CORPUS RELIEF FOR A PERSON WHO IS SENTENCED TO DEATH THOUGH ACTUALLY INNOCENT. Section 2254(d) of title 28, United States Code, is amended-- (1) in paragraph (1), by striking ``; or'' and inserting a semicolon; (2) in paragraph (2), by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(3) resulted in, or left in force, a sentence of death that was imposed without consideration of newly discovered evidence which, in combination with the evidence presented at trial, demonstrates that the applicant is probably not guilty of the underlying offense.''. SEC. 3. CLARIFICATION OF THE AVAILABILITY OF AN EVIDENTIARY HEARING. Section 2254(e)(2)(A) of title 28, United States Code, is amended-- (1) in clause (i), by striking ``or'' at the end; (2) in clause (ii) by striking ``and'' at the end and inserting ``or''; and (3) by adding at the end the follow